DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Territory Transit Pty Ltd
(AG2015/4774)

TERRITORY TRANSIT ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Territory Transit Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Territory Transit Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Territory Transit Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Territory Transit Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2015. The nominal expiry date of the Agreement is 12 October 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Territory Transit Pty Ltd applied for approval of the Territory Transit Enterprise Agreement 2015, which was being made under section 176 of the Fair Work Act 2009. The application was made to the Fair Work Commission and opposed by the Retail and Fast Food Workers Union, which was not a party to the agreement. The union argued that the agreement did not provide appropriate protections for employees, including in relation to termination of employment, redundancy and minimum wage rates.

The central legal issues for the Commission to determine were whether the agreement met the requirements of section 234 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it, and whether it provided adequate protections for employees in relation to termination, redundancy and minimum wage rates.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate protections for employees in relation to termination, redundancy and minimum wage rates. The Commission noted that the agreement provided for a range of protections for employees, including provisions for notice of termination and redundancy payments, as well as minimum wage rates that were above the applicable award rates. The Commission also found that the agreement was in the best interests of the employees covered by it, and that it provided appropriate protections for employees.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of redundancy payments and the provision of additional information to employees about their rights and obligations under the agreement. The Commission considered that the modifications were necessary to ensure that the agreement met the requirements of the Fair Work Act and provided appropriate protections for employees.

Territory Transit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established